USE, MAINTENANCE AND REPAIR. Lessee will not move the Equipment from the Equipment Location without Lessor’s advance written consent. Lessee will give Lessor reasonable access to the Equipment Location so that Lessor can check the Equipment’s existence, condition and proper maintenance. Lessee will use the Equipment in the manner for which it was intended, as required by all applicable manuals and instructions, and keep it eligible for any manufacturer’s certification and/or standard full service maintenance contract. At Lessee’s own cost and expense, Lessee will keep the Equipment in good repair, condition and working order, ordinary wear and tear excepted. Lessee will not make any permanent alterations to the Equipment.
USE, MAINTENANCE AND REPAIR. Lessee, at its own expense, shall keep the Product in good repair, appearance and condition, other than normal wear and tear and shall obtain and keep in effect throughout the term of the Schedule a hardware and software maintenance agreement with the manufacturer or other party acceptable to Lessor. All parts furnished in connection with such repair and maintenance shall be manufacturer authorized parts and shall immediately become components of the Product and the property of Lessor. Lessee shall use the Product in compliance with the manufacturer's or supplier's suggested guidelines.
USE, MAINTENANCE AND REPAIR. Customer will, at Customer's own expense, keep the RagingWire Supplied Equipment in good repair, appearance and condition, other than normal wear and tear, and, if not included in the Services, shall obtain, pay for and keep in effect throughout the Term a hardware and software maintenance agreement with the manufacturer or other party acceptable to RagingWire. All parts furnished in connection with such repair and maintenance shall be manufacturer authorized parts and shall immediately become components of the RagingWire Supplied Equipment and the property of RagingWire. Customer shall use the RagingWire Supplied Equipment in compliance with the manufacturer's or supplier's suggested guidelines and in accordance with the Rules and Regulations. If Customer fails to maintain the RagingWire Supplied Equipment as described in this Section 8.11.3, RagingWire shall have the option, in its sole and absolute discretion, to: (i) retake possession of the RagingWire Supplied Equipment; and/or (ii) provide such maintenance and charge Customer the associated costs of such maintenance, and Customer agrees to pay any such charges.
USE, MAINTENANCE AND REPAIR. Lessee will not move the Equipment from the Equipment Location without Lessor’s advance written consent. Lessee will give Lessor reasonable access to the Equipment Location so that Lessor can check the Equipment’s existence, condition and proper maintenance. Lessee will use the Equipment in the manner for which it was intended, as required by all applicable manuals and instructions, and keep it
USE, MAINTENANCE AND REPAIR. (a) Debtor shall use the Mortgaged Property solely for the operation of a restaurant in accordance with a franchise, license and/or area development agreement with Franchisor and for no other purpose. Except as set forth below, Debtor shall at all times while this Mortgage is in effect occupy the Mortgaged Property and diligently operate its business on the Mortgaged Property. Debtor may cease diligent operation of business for a period not to exceed 90 days and may do so only once within any five-year period while this Mortgage is in effect. If Debtor does discontinue operation pursuant to this Section, Debtor shall (i) give written notice to Mortgagee 60 days prior to the day Debtor ceases operation, (ii) provide adequate protection and maintenance of the Mortgaged Property during any period of vacancy and (iii) pay all costs necessary to restore the Mortgaged Property to their condition on the day operation of the business ceased at such time as the Mortgaged Property is reopened for Debtor's business operations or other substituted use. Notwithstanding anything herein to the contrary, Debtor shall pay monthly the principal and interest due under the Note during any period in which Debtor discontinues operation. Debtor shall not, by itself or through any lease or other type of transfer, convert the Premises to an alternative use or concept while this Mortgage is in effect without Mortgagee's consent, which consent shall not be unreasonably withheld. Mortgagee may consider any or all of the following in determining whether to grant its consent, without being deemed to be unreasonable: (i) whether the converted use will be consistent with the highest and best use of the Mortgaged Property, and (ii) whether the converted use will increase Mortgagee's risks or decrease the value of the Mortgaged Property.
(b) Debtor shall (i) maintain the Mortgaged Property in good condition and repair, subject to reasonable and ordinary wear and tear, free from actual or constructive waste, (ii) operate, remodel, update and modernize the Mortgaged Property in accordance with those standards adopted from time to time by Franchisor on a system-wide basis for Franchisor restaurants, with such remodeling and modernizing being undertaken in accordance with Franchisor's system-wide timing schedules for such activities, and (iii) pay all operating costs of the Premises in the ordinary course of business.
USE, MAINTENANCE AND REPAIR. Lessee shall use the Equipment solely in --------------------------- the conduct of its business and shall comply with all laws, ordinances or regulations, and all conditions contained in any insurance policies or manufacturers' warranties, relating to the Equipment or its use, operation or maintenance. Lessee shall put the Equipment only to the use contemplated by the manufacturers thereof. Lessee shall at Lessee's own expense maintain the Equipment in good operating condition, repair and appearance, furnish all parts and labor required to keep the Equipment in such condition, and protect same from deterioration other than normal wear and tear. Lessee shall cause the Equipment to be maintained in accordance with the supplier's standard preventive maintenance contract, if available.
USE, MAINTENANCE AND REPAIR. Upon installation, no item of Equipment will be moved from the location specified for it in the related Lease (the “Equipment Location”) without Lessor’s prior consent, which consent will not be unreasonably withheld, except that any items of Equipment that are intended by design to be a mobile piece of technology (i.e. laptop computers) may be moved within the continental U.S. without consent. Lessor shall have the right at all reasonable times during regular business hours, subject to compliance with Xxxxxx’s customary security procedures, to enter into and upon the property of Lessee for the purpose of inspecting the Equipment. In order to facilitate the use of the Equipment by students and/or Lessee’s employees (“Authorized Users”) while on premises other than those belonging to Lessee, Lessee acknowledges and agrees that:
(a) Lessee shall use due care to ensure that the Equipment is not (i) used in violation of any applicable law, in a manner contrary to that contemplated by the related Lease, or for private business purposes, or (ii) used by anyone other than Authorized Users; and (b) Xxxxxx (and not Authorized Users) shall be solely responsible for (i) maintaining insurance in accordance with the terms of the related Lease, (ii) payment of any applicable sales, property and other taxes on the Equipment, and (iii) return of the Equipment under a Lease to Lessor upon the occurrence of an Event of Default or Event of Non-appropriation thereunder. Xxxxxx agrees that it will use the Equipment under each Lease in the manner for which it was intended, as required by all applicable manuals and instructions and as required to keep the Equipment eligible for any manufacturer's certification and/or standard, full service maintenance contract. Xxxxxx agrees that it will, at Xxxxxx’s own cost and expense, maintain, preserve and keep the Equipment under each Lease in good repair, condition and working order, ordinary wear and tear excepted. All replacement parts and repairs shall be governed by the terms of the related Lease. Lessee will not make any permanent alterations to the Equipment that will result in a decrease in the market value of the Equipment.
USE, MAINTENANCE AND REPAIR. The Space shall be used only for the storage of goods owned solely by the Tenant. The goods are limited by the “Facility Rules and Regulations” of this agreement.
USE, MAINTENANCE AND REPAIR. (a) Customer is permitted access to the Space solely for the purposes of deposit, storage and removal of the Unit, or to retrieve articles from or place articles in the Unit and the Customer shall not access or use the Space for any other purpose or in a manner that constitutes waste, nuisance or unreasonable annoyance to the Company or other customers;
(b) The Customer may only park/store the Unit in the Space if the Customer is the owner of the Unit or is authorized by the owner to store/park the Unit in the Space;
(c) The Customer shall not use the Space for any unlawful purpose;
(d) The Customer shall be responsible for the repair and reclamation of the Space to Company's satisfaction, including the clean-up of oil or other fluid spills caused by the Customer.
(e) The Customer shall not:
(i) Smoke within or upon the Space or the Premises;
(ii) Erect any signs, notice or advertising material on any part of the Premises or Space; or
(iii) Conduct any repairs, fabrication, mechanical or other related work on the Space or Premises without the written consent of the Company which may be unreasonable withheld by the Company at its sole discretion.
USE, MAINTENANCE AND REPAIR. (a) Lessee agrees at its own expense to: (i) maintain the Equipment and Software in good operating condition suitable for certification by the manufacturer and in compliance with all applicable laws and manufacturer requirements or recommendations; (ii) keep in place for the term of each Lease a maintenance program covering the Equipment and Software which complies with manufacturer’s requirements; (iii) use the Equipment and Software solely for business purposes, in the manner for which it was intended; (iv) ensure that ail Equipment and equipment operations conform to all applicable local, state and federal laws, health and safety guidelines; (v) pay all expenses, fines, and penalties related to the use, operation, condition or maintenance of the Equipment and Software; and (vi) comply with all license and copyright requirements of any Software, whether or not included in a Lease. Lessee agrees to permit periodic inspection of Equipment by Lessor upon reasonable written notice by Lessor to Lessee.
(b) Lessee agrees not to attach to the Equipment any accessory, equipment or device not leased from Lessor unless it is easily removable without damaging the Equipment. Lessee agrees to pay all costs for parts, alterations, and additions to the Equipment (including those required by law), all of which will become the property of Lessor. Lessee agrees that it shall not under any circumstances install any Equipment or Software inside any other personal property. Lessor and Lessee intend the Equipment to remain personal property of Lessor.
(c) Provided that there is no Default, Lessee is authorized on behalf of Lessor to enforce in its own name (and at its own expense) any warranty, indemnity or right to damages related to the Equipment or Software which Lessor may have against the manufacturer. Lessee’s Initials: /s/ J. V.
